Article 134 UCMJ – Drunk and Disorderly – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 134 of the Uniform Code of Military Justice criminalizes drunk and disorderly conduct—a broad offense applied when a service member’s alcohol-related behavior allegedly disrupts good order and discipline or brings discredit upon the armed forces. Because the statute is extremely vague, commands often interpret any alcohol-fueled mistake, loud behavior, or public disturbance as drunk and disorderly conduct.

Drunk and disorderly charges frequently originate from bar fights, shouting matches, loud outbursts, stumbling in public, public urination, vomiting, roadside exchanges, barracks incidents, beach drinking, and misunderstandings between intoxicated individuals and police or security personnel. Most cases involve exaggerated reports, misidentification, or overreactions by civilian police or command.

Florida’s high-volume military installations—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick Space Force Base, MacDill AFB, NSA Panama City, and NAS Key West—see disproportionate numbers of drunk and disorderly cases due to Florida’s nightlife, beach culture, spring break tourism, and military-civilian social mixing.

Gonzalez & Waddington is globally recognized for defending service members in alcohol-related misconduct cases. We dismantle drunk and disorderly charges by exposing unreliable witnesses, biased police actions, environmental factors, intoxication inconsistencies, and cases where the accused was simply present, but not disorderly.

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What Drunk and Disorderly Conduct Means Under Article 134

Drunk and disorderly conduct consists of two parts:

• The accused was drunk
• The accused was disorderly

This means the government must prove BOTH that the service member was intoxicated AND acted in a disruptive, alarming, or disorderly manner.

Being drunk alone is NOT a crime. Disorderly behavior alone is NOT drunk and disorderly. The prosecution must show BOTH occurred together.

Elements the Government Must Prove

To convict a service member under Article 134 for drunk and disorderly conduct, prosecutors must establish:

1. The Accused Was Drunk

“Drunk” means intoxicated to the extent that physical or mental faculties were impaired.

2. The Accused Was Disorderly

The behavior must disturb the peace, cause public alarm, or be inappropriate for good order and discipline.

3. The Conduct Was Wrongful

No medical, accidental, or justifiable explanation.

4. The Conduct Was Prejudicial or Service-Discrediting

The government must show ACTUAL adverse impact—not just annoyance.

What Counts as “Disorderly” While Drunk?

Common examples of “disorderly” behavior include:

• Yelling, arguing, or screaming in public
• Starting or joining a fight
• Public urination or vomiting
• Being excessively loud or obnoxious
• Falling, stumbling, or creating a scene
• Knocking over objects or property
• Harassing civilians or security staff
• Refusing to leave a bar or club
• Making obscene gestures

However, in many cases, the accused:

• Was simply trying to walk home
• Was misidentified
• Was acting in self-defense
• Was being recorded out of context
• Was merely loud due to intoxication—not disorderly

Common Florida Scenarios That Lead to Drunk & Disorderly Charges

Florida’s nightlife and beach culture frequently trigger these accusations:

1. Jacksonville Beach Bar District

Drunken arguments or loud behavior outside crowded bars.

2. Pensacola & Whiting Field Flight Students

Alcohol-related stress relief after training often misinterpreted as misconduct.

3. Key West Duval Street Incidents

Civilian tourists overreact to minor drunken behavior.

4. Miami Beach Spring Break

Large crowds, police presence, and alcohol create chaos and misidentification.

5. Eglin / Hurlburt Airmen on the Destin Harbor Boardwalk

Police often arrest service members as “examples” during tourist season.

6. MacDill Airmen in Tampa/Ybor City Nightlife

Disorderly cases commonly stem from club lines, altercations, or loud interactions.

7. Barracks Hallway Incidents

Noise, banging, shouting, and room parties called in by duty personnel.

8. Drunken Physical Accidents

Stumbling, falling, or dropping items seen as “creating a disturbance.”

Maximum Punishments for Drunk and Disorderly Conduct

Drunk and disorderly is a misdemeanor-level Article 134 offense but can still cause major career damage.

Punishments may include:

• Confinement up to 30 days (court-martial)
• Bad-conduct discharge (in severe cases)
• Forfeitures
• Reduction to E-1
• Restriction
• Extra duty

More commonly, commands use drunk and disorderly conduct to justify:

• NJP / Article 15
• Administrative separation
• GOMORs or LOAs
• Mandatory counseling
• Loss of promotions

Why Drunk and Disorderly Cases Are Often Weak

Most Article 134 drunk and disorderly cases fail because:

• The accused was loud—but not disorderly
• The accused was drunk—but not disruptive
• Civilian police overreacted
• Witnesses were also intoxicated
• The accused was defending someone during a fight
• The conduct was misinterpreted as “aggressive”
• The accused was actually the victim
• There is no clear evidence of prejudice to good order

The government often struggles to prove the required elements beyond a reasonable doubt.

How Drunk and Disorderly Investigations Work

Typical investigative authorities include:

• NCIS (Navy/Marines)
• OSI (Air Force/Space Force)
• CID (Army)
• CGIS (Coast Guard)
• Local Florida police
• Duty personnel or barracks managers
• Command-directed investigations

Common Investigative Errors

• Assuming intoxication = guilt
• Ignoring self-defense claims
• Not interviewing sober witnesses
• Relying on incomplete bodycam footage
• Misinterpreting loud behavior as aggressive
• Failing to document environmental factors (crowds, noise, heat)

We leverage cross-examination, environmental context, and inconsistent testimony to dismantle these cases.

Defense Strategies for Drunk and Disorderly Cases

1. Attack the “Disorderly” Element

Most cases involve behavior that was loud, not disorderly. Command cannot criminalize simple drunkenness.

2. Show No Harm to Good Order and Discipline

Minor disturbances rarely meet the Article 134 threshold.

3. Demonstrate Innocent or Defensive Conduct

Accused was attempting to break up a fight, avoid danger, or calm someone down.

4. Use Florida-Specific Defense Angles

• Crowded nightlife environments distort events
• Tourists give unreliable statements
• Police arrest entire groups to control crowds

5. Challenge Police Reports and Bodycam Footage

Civilian police often exaggerate to justify arrest.

6. Highlight Witness Intoxication

Most witnesses are drunk, biased, or unreliable.

7. Use Medical or Stress-Related Explanations

Anxiety, PTSD, dehydration, or heat can mimic “disorderly” behavior.

Pro Tips for Anyone Accused of Drunk and Disorderly Conduct

• Do NOT talk to investigators or police.
• Preserve videos, texts, and recordings.
• Do not post anything online.
• Avoid discussing the incident with your chain of command.
• Identify sober witnesses early.
• Document your version of events privately.
• Hire a civilian defense attorney immediately.

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Article 134 Drunk & Disorderly – Frequently Asked Questions